Repossessing property on or after 1 May 2026 — Section 8 under the new rules

From 1 May 2026, England landlords who need to regain possession of their property can only do so using Section 8 of the Housing Act 1988 with an applicable ground. Section 21 no-fault evictions are abolished. The Renters’ Rights Act introduces new and updated grounds designed to protect both landlords’ legitimate interests and tenants’ security. Reviewed March 2026.

What the rule is

The Renters’ Rights Act abolishes Section 21 from 1 May 2026 and amends Schedule 2 to the Housing Act 1988 to introduce new grounds for possession. Landlords must serve a Section 8 notice (Form 3) specifying the applicable ground and wait for the relevant notice period before applying to court if the tenant does not leave.

When it applies

• Any possession claim commenced on or after 1 May 2026 must use Section 8
• Applies to all periodic assured tenancies (which is all private residential tenancies from 1 May 2026)
• Section 21 notices served before 1 May 2026 are only valid if proceedings were also commenced before 1 May 2026

Key possession grounds from 1 May 2026

Ground 1A — Landlord intends to sell Landlord intends to sell the property. Notice period: 4 months. The landlord must not re-let the property for 12 months after obtaining possession.

Ground 1B — Landlord or close family member moving in The landlord or a close family member intends to occupy the property as their main home. Notice period: 4 months. The 12-month moratorium applies — this ground cannot be used in the first 12 months of a tenancy.

Ground 8 — Serious rent arrears (mandatory) At least 3 months’ rent arrears (increased from 2 months under the previous rules). Notice period: 4 weeks. If the ground is proved, the court must order possession.

Ground 10/11 — Rent arrears (discretionary) The tenant is in arrears or has persistently been late paying rent. Notice period: 4 weeks. Court has discretion to make an order.

Ground 14 — Antisocial behaviour (mandatory) The tenant or someone living in or visiting the property is guilty of serious antisocial behaviour. Notice period: immediate (no waiting period before court application). Court must order possession.

Ground 6 — Redevelopment The landlord intends to carry out major redevelopment works that cannot reasonably be done with the tenant in occupation. Notice period: 4 months.

What landlords must do

• Identify which ground or grounds apply to your situation
• Serve a valid Section 8 notice (Form 3) on the correct form, specifying the ground(s) and the notice period
• Wait for the notice period to expire before applying to court
• If the tenant does not leave after the notice period, issue possession proceedings at the county court
• Provide evidence at the hearing that the ground is met

What evidence to keep

• Copy of the Section 8 notice with date of service and method of service
• Evidence supporting the ground (rent arrears schedule, ASB incident log, solicitor’s letter confirming sale)
• Any correspondence with the tenant about the ground
• Court papers once proceedings are issued

Common mistakes

• Using an outdated Form 3 — always use the current version of the Section 8 notice form
• Getting the notice period wrong — different grounds have different notice periods; check carefully
• Not having evidence to support the ground — specifying a ground without evidence means you’ll lose at the hearing
• Ignoring the 12-month moratorium on selling/moving-in grounds — these grounds cannot be used in the first 12 months of a tenancy
• Waiting for the full notice period before instructing a solicitor — engage legal help as soon as you serve notice

FAQ

Can I use multiple grounds in the same Section 8 notice? Yes — you can specify more than one ground. This is good practice as it gives you alternatives if one ground fails.

What is the court process after serving Section 8? After the notice period expires, issue a possession claim (N5 form) at the county court. The court will list a hearing. If the ground is made out and the court is satisfied, it will make a possession order.

How long does the Section 8 process take? From service of notice to obtaining a possession order typically takes 3–6 months, depending on the court’s schedule and whether the tenant contests the claim.

Can the court refuse to make a possession order on a mandatory ground? For mandatory grounds (such as Ground 8 and Ground 14), if the ground is proved the court must make an order. For discretionary grounds, the court considers whether it is reasonable to make an order.